103 Employee Retirement Income Security Act
(ERISA) ERISA, as amended by the Retirement Equity Act of 1984,
does not apply to annuities under the
RRA. Consequently, the RRB will accept a Qualified Domestic Relations Order (QDRO)
only if it provides for an annuity partition that is valid under the RRB's
regulations. Conversely, a separate order is not required to effect an annuity
partition if appropriate language is incorporated within the divorce decree
itself. Appendix B
contains sample language which may be incorporated within the decree itself.
Where such language is not included in the divorce decree or separation
agreement incorporated by reference into the divorce decree, a court order will
have to be issued. A sample court order may be found in
Appendix C.
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